Enforcement programme into complaints handling

Ofcom is today announcing the closure of its enforcement programme into complaints handling.

When something goes wrong with their communications service, people need to be able to complain easily. Effective complaints handling procedures are an important aspect of ensuring that consumers are appropriately protected and empowered in their dealings with their communications providers. If a complaint is handled badly, a customer may suffer emotional and financial harm beyond that caused by the initial problem that prompted the complaint.

The availability of Alternative Dispute Resolution (ADR) is an important part of this; it helps to incentivise providers to treat their customers fairly and ensure fair and timely resolution of their complaints.

Our enforcement programme into complaints handling has delivered positive results for consumers, including:

• three investigations into Three UK, EE and Vodafone for complaints handling failures, which resulted in fines of £250K, £1 million and £925,000, respectively;
• securing improvements to providers' complaints handling processes, through targeted, engagement with poor performing providers; and
• ensuring providers’ policies and procedures support effective signposting of ADR, including material increases in the volume of ADR letters being sent.

In light of these achievements and improved levels of compliance, we have decided that it is no longer necessary to undertake this enhanced level of monitoring, so we are closing our enforcement programme

Effective complaints handling procedures remain one of the most important regulatory obligations on telecoms companies. We are committed to ensuring consumers are protected and empowered in their dealings with telephone companies. We will continue to monitor complaints to Ofcom and will remain vigilant to any compliance concerns that arise.

Today, we are closing with no further action the investigations we opened on 6 March 2018 into Three and Vodafone. For more information on the Three case, please see the Three case page. For more information on the Vodafone case, please see the Vodafone case page.

We will publish further updates on our work under this enforcement programme in due course.

We continue to gather information and to engage with ISPs to assess their compliance with the EU Open Internet Access Regulation 2015. If we decide it is appropriate to take formal enforcement action, it will be announced via our Competition and Consumer Enforcement Bulletin. We will publish further updates on our work under this enforcement programme in due course.

We have revised the scope of this investigation to include the Roaming Regulation and the related CIR in addition to the EU Open Internet Access Regulation. For more information and future updates on this investigation please see: https://www.ofcom.org.uk/about-ofcom/latest/bulletins/competition-bulletins/open-cases/cw_01218

Following an assessment of evidence gathered under this enforcement programme, Ofcom has decided to open investigations into Hutchison 3G UK Limited (Three) and Vodafone Limited (Vodafone) to assess their compliance with the EU Open Internet Access Regulation 2015 .

The investigations will examine the following:

Three’s practices of:

• Restricting tethering – the practice of using one device to connect another one to the internet - on certain plans offered by Three;
• Imposing restrictions on the devices in which a SIM can be used – e.g. where a SIM purchased for a mobile phone cannot be used in a tablet; and
• Traffic management practices such as ‘throttling’ or intentionally slowing down particular categories of traffic (e.g. video traffic, Peer-to-Peer and Virtual Private Network traffic), including where traffic management is applied when customers are roaming.

In relation to Vodafone:

• Traffic management practices relating to ‘Vodafone Passes’ – e.g. throttling particular categories of traffic – including where traffic management is applied when customers are roaming; and
• The transparency of exceptions to zero rating within the ‘Vodafone Passes’ products, which mean that certain functions within certain zero-rated applications will use customers’ general data allowance and not be zero-rated.

We are continuing to review the information gathered from other fixed and mobile internet service providers under this programme. We expect to publish a further update on both investigations and any other relevant work under this programme in June 2018.

The ‘open internet’ is the principle of ensuring that web users control what they see and do online – not the broadband provider that connects them to the internet. It’s about people being free to access all lawful internet content equally, without broadband providers discriminating against particular services or websites.

Under EU regulations, which came into effect on 30 April 2016, broadband providers must treat all internet traffic on their networks equally, and must not give preferential treatment to any particular sites or services.

Providers may, however, use certain reasonable measures to manage their internet traffic, to ensure their networks run efficiently. But they must be clear and transparent about their traffic management policy and practices. These traffic management measures must be based on technical quality of services reasons, and cannot be used for longer than necessary.

The EU Open Internet Access Regulation 2015 requires Ofcom to monitor and ensure UK providers comply with these rules. Ofcom is opening the programme in fulfilment of that obligation. Whilst we have been informally monitoring ISP traffic management practices since even before the Regulation became effective, the programme will focus on gathering further information to assess whether any ISP traffic management practices raise specific concerns under the EU Open Internet Access Regulation 2015. We may also consider any compliance concerns in relation to other practices covered by the Regulation under this programme.

Should we identify specific issues, we may initiate separate investigations of named providers and take enforcement action against them if appropriate. Where we do so, these will be announced via our Competition and Consumer Enforcement Bulletin.

We aim to publish a further update on this programme by June 2018.

Today, we are closing with no further action the investigations we opened on 6 March 2018 into Three and Vodafone. For more information on the Three case, please see the Three case page. For more information on the Vodafone case, please see the Vodafone case page.

We will publish further updates on our work under this enforcement programme in due course.

We continue to gather information and to engage with ISPs to assess their compliance with the EU Open Internet Access Regulation 2015. If we decide it is appropriate to take formal enforcement action, it will be announced via our Competition and Consumer Enforcement Bulletin. We will publish further updates on our work under this enforcement programme in due course.

Today, we are closing with no further action the investigations we opened on 6 March 2018 into Three and Vodafone. For more information on the Three case, please see the Three case page. For more information on the Vodafone case, please see the Vodafone case page.

We will publish further updates on our work under this enforcement programme in due course.

We continue to gather information and to engage with ISPs to assess their compliance with the EU Open Internet Access Regulation 2015. If we decide it is appropriate to take formal enforcement action, it will be announced via our Competition and Consumer Enforcement Bulletin. We will publish further updates on our work under this enforcement programme in due course.

We have revised the scope of this investigation to include the Roaming Regulation and the related CIR in addition to the EU Open Internet Access Regulation. For more information and future updates on this investigation please see: https://www.ofcom.org.uk/about-ofcom/latest/bulletins/competition-bulletins/open-cases/cw_01218

Following an assessment of evidence gathered under this enforcement programme, Ofcom has decided to open investigations into Hutchison 3G UK Limited (Three) and Vodafone Limited (Vodafone) to assess their compliance with the EU Open Internet Access Regulation 2015 .

The investigations will examine the following:

Three’s practices of:

• Restricting tethering – the practice of using one device to connect another one to the internet - on certain plans offered by Three;
• Imposing restrictions on the devices in which a SIM can be used – e.g. where a SIM purchased for a mobile phone cannot be used in a tablet; and
• Traffic management practices such as ‘throttling’ or intentionally slowing down particular categories of traffic (e.g. video traffic, Peer-to-Peer and Virtual Private Network traffic), including where traffic management is applied when customers are roaming.

In relation to Vodafone:

• Traffic management practices relating to ‘Vodafone Passes’ – e.g. throttling particular categories of traffic – including where traffic management is applied when customers are roaming; and
• The transparency of exceptions to zero rating within the ‘Vodafone Passes’ products, which mean that certain functions within certain zero-rated applications will use customers’ general data allowance and not be zero-rated.

We are continuing to review the information gathered from other fixed and mobile internet service providers under this programme. We expect to publish a further update on both investigations and any other relevant work under this programme in June 2018.

The ‘open internet’ is the principle of ensuring that web users control what they see and do online – not the broadband provider that connects them to the internet. It’s about people being free to access all lawful internet content equally, without broadband providers discriminating against particular services or websites.

Under EU regulations, which came into effect on 30 April 2016, broadband providers must treat all internet traffic on their networks equally, and must not give preferential treatment to any particular sites or services.

Providers may, however, use certain reasonable measures to manage their internet traffic, to ensure their networks run efficiently. But they must be clear and transparent about their traffic management policy and practices. These traffic management measures must be based on technical quality of services reasons, and cannot be used for longer than necessary.

The EU Open Internet Access Regulation 2015 requires Ofcom to monitor and ensure UK providers comply with these rules. Ofcom is opening the programme in fulfilment of that obligation. Whilst we have been informally monitoring ISP traffic management practices since even before the Regulation became effective, the programme will focus on gathering further information to assess whether any ISP traffic management practices raise specific concerns under the EU Open Internet Access Regulation 2015. We may also consider any compliance concerns in relation to other practices covered by the Regulation under this programme.

Should we identify specific issues, we may initiate separate investigations of named providers and take enforcement action against them if appropriate. Where we do so, these will be announced via our Competition and Consumer Enforcement Bulletin.

We aim to publish a further update on this programme by June 2018.

Today, we are closing with no further action the investigations we opened on 6 March 2018 into Three and Vodafone. For more information on the Three case, please see the Three case page. For more information on the Vodafone case, please see the Vodafone case page.

We will publish further updates on our work under this enforcement programme in due course.

We continue to gather information and to engage with ISPs to assess their compliance with the EU Open Internet Access Regulation 2015. If we decide it is appropriate to take formal enforcement action, it will be announced via our Competition and Consumer Enforcement Bulletin. We will publish further updates on our work under this enforcement programme in due course.

We have revised the scope of this investigation to include the Roaming Regulation and the related CIR in addition to the EU Open Internet Access Regulation. For more information and future updates on this investigation please see: https://www.ofcom.org.uk/about-ofcom/latest/bulletins/competition-bulletins/open-cases/cw_01218

Following an assessment of evidence gathered under this enforcement programme, Ofcom has decided to open investigations into Hutchison 3G UK Limited (Three) and Vodafone Limited (Vodafone) to assess their compliance with the EU Open Internet Access Regulation 2015 .

The investigations will examine the following:

Three’s practices of:

• Restricting tethering – the practice of using one device to connect another one to the internet - on certain plans offered by Three;
• Imposing restrictions on the devices in which a SIM can be used – e.g. where a SIM purchased for a mobile phone cannot be used in a tablet; and
• Traffic management practices such as ‘throttling’ or intentionally slowing down particular categories of traffic (e.g. video traffic, Peer-to-Peer and Virtual Private Network traffic), including where traffic management is applied when customers are roaming.

In relation to Vodafone:

• Traffic management practices relating to ‘Vodafone Passes’ – e.g. throttling particular categories of traffic – including where traffic management is applied when customers are roaming; and
• The transparency of exceptions to zero rating within the ‘Vodafone Passes’ products, which mean that certain functions within certain zero-rated applications will use customers’ general data allowance and not be zero-rated.

We are continuing to review the information gathered from other fixed and mobile internet service providers under this programme. We expect to publish a further update on both investigations and any other relevant work under this programme in June 2018.

The ‘open internet’ is the principle of ensuring that web users control what they see and do online – not the broadband provider that connects them to the internet. It’s about people being free to access all lawful internet content equally, without broadband providers discriminating against particular services or websites.

Under EU regulations, which came into effect on 30 April 2016, broadband providers must treat all internet traffic on their networks equally, and must not give preferential treatment to any particular sites or services.

Providers may, however, use certain reasonable measures to manage their internet traffic, to ensure their networks run efficiently. But they must be clear and transparent about their traffic management policy and practices. These traffic management measures must be based on technical quality of services reasons, and cannot be used for longer than necessary.

The EU Open Internet Access Regulation 2015 requires Ofcom to monitor and ensure UK providers comply with these rules. Ofcom is opening the programme in fulfilment of that obligation. Whilst we have been informally monitoring ISP traffic management practices since even before the Regulation became effective, the programme will focus on gathering further information to assess whether any ISP traffic management practices raise specific concerns under the EU Open Internet Access Regulation 2015. We may also consider any compliance concerns in relation to other practices covered by the Regulation under this programme.

Should we identify specific issues, we may initiate separate investigations of named providers and take enforcement action against them if appropriate. Where we do so, these will be announced via our Competition and Consumer Enforcement Bulletin.

We aim to publish a further update on this programme by June 2018.